The Social Security (Northern Ireland) Order 1998

Decisions by the DepartmentN.I.

F1F2F39.—(1) Subject to the provisions of this Chapter, it shall be for the Department—

(a)to decide any claim for a relevant benefit;

(b)to decide any claim for a social fund payment mentioned in section 134(1)(b) of the Contributions and Benefits Act;[F4 and]

(c)subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision;F4. . .

Sub‐para. (d) rep. by SI 1999/671

(2) Where at any time a claim for a relevant benefit is decided by the Department—

(a)the claim shall not be regarded as subsisting after that time; and

(b)accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) In this Chapter “relevant benefit”,F5. . . , means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act;

(b)a jobseeker's allowance;

[F6(ba)an employment and support allowance;]

[F7(bb)state pension credit;]

(c)income support;

Sub‐paras. (d) and (e) rep. by 2002 c. 21

(f)a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

(g)child benefit;

(h)such other benefit as may be prescribed.

(4) In this Article “relevant statutory provision” means any statutory provision contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992[F8, the Jobseekers Order [F9, the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.]], other than one contained in—

(a)Part VII of the Contributions and Benefits Act so far as relating to housing benefit;

(b)Part VIII of the Administration Act (arrangements for housing benefit).

[F4(5) Paragraph (1)(c) does not include any decision which under Article 7 of the Social Security Contributions (Transfer of Functions, etc.)(Northern Ireland) Order 1999 falls to be made by an officer of the Inland Revenue.]

F1functions transf. by 1999 c. 10

F2mod. by SR 1999/349, 350

F3prosp. in pt. certain functions transf. by 2002 c. 21

F4SI 1999/671

F9Words in art. 9(4) substituted (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(3)(b); S.R. 2008/276, art. 2(2)(a)

Modifications etc. (not altering text)

C1Art. 9 applied (10.4.2006) by S.I. 2006/1034, reg. 2